State Bank of India - SBI INFRA MANAGEMENT ......Contractors who are on the panel of SBI, Hyderabad Circle, (LHO) for UPS in the appropriate category are only eligible. (Contractors

Supply, Installation, Testing and Commissioning of various ratings of UPS System without Battery Bank for SBI

Branches and offices

Page 1 of 42

NIT NO:330/18-19 DATE:30.01.2019

SBI INFRA MANAGEMENT SOLUTIONS PVT LTD (WHOLLY OWNED SUBSIDIARY OF SBI)

INVITES TENDERS ON BEHALF OF SBI LHO, HYDERABAD.

IN A SINGLE BID THROUGH REVERSE AUCTION PROCESS.

Contractors who are on the panel of SBI, Hyderabad Circle, (LHO) for UPS in the appropriate category are only eligible. (Contractors should submit proof of the same)

FOR

The Floowing branches/ Offices

Sl No

Location Rating of UPS

Back-up Remarks-1 Remarks -2

1) Janpahad under RBO suryapet

1 No of 5KVA

90Min Buy back of existing 3 KVA UPS

Vendor has to quote for supply UPS system only. SBI will supply VAH(battery Bank with rack). Old batteries will be retained at site

2) SBILD, Lingampally

2 No of 5 KVA


3) SBIRB, Lingampally

1No of 10KVA

60Min NEW

4) Maitri Womens College, Nalgonda

1No of 3 KVA


5) Miryalaguda branch, Nalgonda

1 no of 2KVA


Note: After finalization of successful bidder, Quantity may vary and vendor should be supplied as per requirement and please note that work orders will be placed separately.

The Senior Vice president, SBI Infra Management Solutions Pvt. Ltd.

Ground Floor, Adj Commercial Branch, SBI LHO campus, Bank Street, Koti,

Hyderabad – 500 095 Phone:040-23466310/46



Page 2 of 42

NOTICE INVITING TENDER. (NIT)

Contractors who are on the panel of SBI, Hyderabad Circle, (LHO) for UPS in the appropriate category are only eligible. (Contractors should submit proof of the same)

1. Name of the Work Supply, installation, testing and commissioning of various ratings of UPS systems for SBI branches and offices in the state of Telangana.

2. Estimated cost of work: Rs.3,20,000.00 plus GST as applicable

3. Earnest Money Deposit. (EMD) Rs. 4000/- all Drafts/BCs shall be in favour of “SBIIMS, Hyderabad”. Payable at Hyderabad.

4. Tender Cost Rs.500/- in favour of “SBIIMS, Hyderabad”. 5. Time of Completion: 30 DAYS.

6. Date of download of tender documents from Bank’s web site http://www.sbi.co.in under “ procurement news “.

From 30.01.2019 to 15.02.2019

7. Last date and time for submission of online e-tender. at

https://etender.sbi

Date:15.02.2019 by 3.00 P.M.

8. Date and Time of opening of e-Tenders: (Technical Bid and Indicative Price Bid)

Date: 15.02.2019 at 3.10 P. M. (IST). Indicative Price bids will be opened at later date.

9. Date & Time of Reverse auction Will be communicated through registered mail.

10. Address of opening of tender Sr. Vice President, SBI Infra Management Solutions Pvt. Ltd., Office, Ground floor, Adj to commercial branch, SBI LHO campus, Bank Street, Kothi, Hyderabad – 500 095. Technical Bid of those firms / contractors who do not submit EMD shall be rejected. Representatives of Bidder may be present during opening of Bids. However Bids would be opened even in the absence of any or all the bidder’s representatives.

11. EMD & Tender cost to be submitted at: EMD should be submitted physically at above mentioned address before due date. Contact: Sr. Vice President / Vice President. 040-23466346. [email protected]

12. Bidder Contact Details. Bidder to provide following information. 1) Name of Company. 2)Contact Person. 2) Mailing address with Pin Code. 4)Telephone number and Fax

number. 5)Mobile Number and E-MAIL.

13. Agency for arranging online bidding. e-Procurement technologies Limited, Ahmedabad. Email id:- [email protected], [email protected], [email protected], [email protected] Primary Contact No:- 079-61200579/580/566/596/576/569/567, 9374519754 Alternate Contact No.:- Mr. Yashrajsinh Rathod:- 079/68136815, [email protected]

14. Initial Security Deposit 2% including EMD. in favor of AGM, Internal Audit Department, Hyderabad. Payable at Hyderabad.

15. Defects Liability Period 24 Months

16. Total Security Deposit 5 % of contract value including initial security deposit.

17. Liquidated Damages 0.50% per week subject to max 5%of the value of work

18. Validity 90 days

19. Payment 95% will be released against commissioning and remaining 5% will be released after defect liability period or against submission of BG

20. Comprehensive Annual Maintenance Contract

3 years comprehensive AMC after completion of the 2-year Defect Liability Period.

http://www.sbi.co.in/

https://apac01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fetender.sbi&data=02%7C01%7Cpaparao.paidi%40sbi.co.in%7C841cfb7537aa44287b0808d5d76a5f84%7Cfbdb22357f504509b407c58325ec27a8%7C0%7C0%7C636651774233541601&sdata=L3U8oc5jwuHLStg3vr6TxBdfY19faOWztU%2FIGB0WFIo%3D&reserved=0

mailto:[email protected]





Page 3 of 42

FORM OF TENDER

To,

Senior Vice President SBI Infra Management Solutions Pvt. Ltd., Ground Floor, Adj to Commercial branch, State Bank of India, LHO Campus Bank Street, Koti, Hyderabad- 500095

Dear Sir,

Supply, Installation, Testing and Commissioning of various types & ratings of UPS for SBI Branches and Offices in the state of Telangana

I/ We refer to the Notice Inviting e- Tender issued by you for the captioned work.

1. I/ We do hereby offer to perform, provide, execute, complete and maintain the works in conformity with Bill of Quantities, Drawings, Specification, Design, General and Special conditions of Contract, Instruction to Tenderers, etc. as contained in the tender documents for the sum as arrived and filled, at the respective rates quoted by me/us in the Schedule of Quantities and/or at any other sum and rate subsequently negotiated and accepted / agreed by the Bank andme/us.

2. I/ We have satisfied myself / our self as to the site conditions, examined site

and drawings, and all aspects of tender documents / conditions and are acceptable to us. I/We do hereby agree, should this tender be accepted in whole or in part, to,

A. Abide by and full-fill the terms, conditions and provisions of tender

documents annexedhereto.

B. Complete the work within stipulated completion time at no extra cost to the Bank.

3. I/We are enclosing herewith the Earnest Money Amount as mentioned in the NIT which amount is not to bear any interest. Should I / We fail to execute the Contract

when called upon to do so I / We do hereby agree that this sum shall be forfeited by me/us

to SBI Infra Management Solutions Pvt. Ltd.Technical bid withoutEMD shall be summarilyrejected& theirOnline price bid shall not beopened.

4. Percentage, if any, to be deducted from Bills and total amount to be retained : Total security deposit shall be 5% of the final value

of the work. Out of this 2% of tender value (i.e. tender amount) s in the form of initial security deposit(ISD) which includes the EMD. Balance security deposit (i.e. 5% of final value of work less 2% of tender value already deposited as ISD) towards the work shall be deducted from the final by way of retention money.



Page 4 of 42

5. Time allowed for completion after the date of written order or date of handing over of the site (whichever is later) to commence the work :as specified

in tender

6. I/We are submitting herewith duly filled up and signed tenders as per the followingdetails



Signature of the Contractor Page 5 of 42

SAMPLE BUISNESS RULE DOCUMENT

BUISNESS RULE DOCUMENT OF ONLINE E-TENDERING FOR SUPPLY, INSTALLATION, TESTING

AND COMMISSIONING OFVARIOUS TYPES & RATINGS OF UPS FOR SBI BRANCHES AND OFFICES IN THE STATE OF TELANGANA

EMPLOYER NAME The Senior Vice President Circle Office SBI Infra Management Solutions Pvt. Ltd., State Bank of India Ground Floor, Adj to commercial Branch, SBI LHO campus,Bank Street, Koti, Hyderabad- 500095

E-TENDERINGAUCTION TO BE CONDUCTED BY

E-Procurement Technologies Ltd.(ETL) B-705, Wall street II, Opposite Orient Club, Near Gujarat college, Ahmedabad- 380006, Phone: 079-40016826 Website Details: https://sbi.abcprocure.com/EPROC

DATE & TIME OF E-TENDERING

As specified in the Tender

DOCUMENTS ATTACHED

(A) Business rules for E-tendering (B) Terms & conditions of E-tendering (C) Process Compliance Statement (Annexure I) (D) Price Confirmation Letter (Annexure II) (E) Price break up (Annexure III) (F) Contact Information

SPECIAL INSTRUCTIONS

Bidding in the last minutes and seconds should be avoided in the bidders own interest Neither the Service Provider nor SBIIMSPL will be responsible for any lapses /failure on the part of the vendor, in such cases.

Important Note:As per the new Inter-operability guidelines released by Controller of Certifying Authorities (CCA), the Secured Socket Layer (SSL) certificate for an E-tendering application is generated on a new algorithm, SHA2. Also, the Digital Signature Certificates that will be applicable for these platforms have to be SHA2 algorithm compliant. For the same, the users have to ensure that they have Windows XP (SP3) / Windows Vista / Windows 7 installed in their respective PC / Laptop. In case of Windows XP service pack -3, if you get any issue you can install the SSL patch, which is available at our download section of our e-Tender/e-E-tendering Portal and also at our corporate website www.E-tenderingtiger.net just below the label of “Download”. (A) Business rules for E-tendering:

Against this Enquiry for the subject item/system with detailed scope of work as per our specification, SBIIMSPL may resort to “E-TENDERING PROCEDURE” i.e. ON-LINE BIDDING on INTERNET.

1. For the proposed e-tendering, only selected vendors with SBIIMSPL in respective category shall be eligible to participate.




2. SBIIMSPL will engage the services of a service provider who will provide all necessary training and assistance before commencement of on line bidding on Internet.

3. SBIIMSPL will inform the vendor in writing in case e-tendering, the details of service provider to enable them to contact and get trained.

4. Business rules like event date, closing and opening time etc. also will be communicated through service provider for compliance.

5. Vendors have to send the mail the compliance form in the prescribed format (provided by service provider) before start of E-tendering. Without this the vendor will not be eligible to participate in the event.

6. E-tendering will be conducted on schedule date & time. 7. At the end of e-tendering event, the lowest bidder value will be known on the network. 8. The lowest bidder has to mail theduly signed filled-in prescribed format as provided on

case-to-case basis to SBIIMSPL through service provider within 24 hours of E-tendering without fail.

9. The e-tendering will be treated as closed only when the bidding process gets closed in all respects for the item listed in the tender.

(B) Terms & conditions of E-tendering:

SBIIMSPL shall finalize the Tender through e-tendering mode. SBIIMSPL has made arrangement with M/s. E-tendering Technologies Ltd, Ahmedabad who shall be SBIIMSPL’s authorized service provider for the same. Please go through the guidelines given below and submit your acceptance to the same along with your Commercial Bid.

1. Computerized E-tendering shall be conducted by SBIIMSPL, on pre-specified date, while the vendors shall be quoting from their own offices/ place of their choice. Internet connectivity and other paraphernalia requirements shall have to be ensured by vendors themselves. In the event of failure of their Internet connectivity, (due to any reason whatsoever it may be) it is the bidders’ responsibility. In order to ward-off such contingent situation bidders are requested to make all the necessary arrangements/ alternatives such as back –up power supply whatever required so that they are able to circumvent such situation and still be able to participate in the e-tendering successfully. Failure of power at the premises of vendors during the E-tendering cannot be the cause for not participating in the e-tendering. On account of this the time for the E-tendering cannot be extended and SBIIMSPL is not responsible for such eventualities.

2. ETLshall arrange to train your nominated person(s), without any cost to you. They shall also explain you all the Rules related to the E-tendering. You are required to give your compliance on it before start of bid process.

3. BIDDING CURRENCY AND UNIT OF MEASUREMENT: Bidding will be conducted in

Indian currency & Unit of Measurement will be displayed in Online E-tendering. 4. BID PRICE: The Bidder has to quote the rate as per the Tender Document provided by

State Bank of India or their appointed architects.

5. VALIDITY OF BIDS: The Bid price shall be firm for a period specified in the tender document and shall not be subjected to any change whatsoever.

6. At the end of the e-tendering, bidder has to provide the price confirmation letter & a detail break up for his lowest offer within 24 hour of closing of E-tendering as per the Annexure III & IV respectively.

7. Procedure of E-tendering:

i. Online E-tendering :

Online e-tendering is open only to approved OEM or their authorized representative/Dealer having valid authorization letter. The bidder can bid, in the




online e-tendering,

DURATION OF E-TENDERING: E-tendering as specified in the NIT,However, vendors are advised not to wait till the last minute to upload the price bid to avoid complications related with internet connectivity, network problems, system crash down, power failure, etc.

8. Successful vendor shall be required to submit the final prices, quoted during the exactly in the format issued by SBIIMSPL/Service provider after the completion of E-tendering to SBIIMSPL, duly signed and stamped as token of acceptance without any new condition other than those already agreed to before start of E-tendering.

9. If no bid is received within the specified date & time, SBIIMSPL, at its

discretion, may decide to / scrap the e-tendering process / proceed with conventional mode of tendering.

10. Your bid will be taken as an offer to execute the work as specified. Bids once made by you,

cannot be cancelled / withdrawn and you shall be bound to supply as mentioned above at your final bid price. Should you back out and not supply as per the rates quoted, SBIIMSPL shall take action as appropriate.

11. LOG IN NAME & PASSWORD: Each Bidder is assigned a Unique User Name & Password

by ETL. The Bidders are requested to change the Password after the receipt of initial Password from ETL. All bids made from the Login ID given to the bidder will be deemed to have been made by the bidder.

12. BIDS PLACED BY BIDDER: The bid of the bidder will be taken to be an offer to execute

the work. Bids once made by the bidder cannot be cancelled. The bidder is bound to execute the work as mentioned above at the price that they bid. Should any bidder back out and not execute the work as per the rates quoted, SBIIMSPLand / or ETL/shall take action as appropriate.

13. At the end of the E-tendering, SBIIMSPL will decide upon the winner. SBIIMSPL’s decision on award of Contract shall be final and binding on all the Bidders.

14. SBIIMSPL shall be at liberty to cancel the e-tendering process / tender at any time, before

ordering, without assigning any reason.

15. SBIIMSPL/ETL shall not have any liability to bidders for any interruption or delay in access to the site irrespective of the cause.

16. Other terms and conditions shall be as per your techno-commercial offers and other

correspondences till date.

17. You are required to submit your acceptance to the terms / conditions / modality (Technical bid given above before participating in the e-tendering.

18. E-TENDERING WINNER: At the end of the E-tendering, SBIIMSPL will evaluate all the bids submitted and will decide upon the winner.

19. OTHER TERMS & CONDITIONS:

- The Bidder shall not involve himself or any of his representatives in Price manipulation of any kind directly or indirectly by communicating with other suppliers / bidders.




- The Bidder shall not divulge either his Bids or any other exclusive details of SBIIMSPL to any other party.

- SBIIMSPL’s decision on award of Contract shall be final and binding on all the Bidders.

- SBIIMSPL along with ETLcan decide to extend, reschedule or cancel any E-tendering.

- ETLshall not have any liability to Bidders for any interruption or delay in access to the site irrespective of the cause.

- ETLis not responsible for any damages, including damages that result from, but are not limited to negligence. ETLwill not be held responsible.for consequential damages, including but not limited to systems problems, inability to use the system, loss of electronic information etc.

N.B.

- All the Bidders are required to submit the Process Compliance Statement (Annexure II) duly signed to M/s E-tendering Technologies Ltd, Ahmedabad.

- All the bidders are requested to ensure that they have a valid digital signature certificate well

in advance to participate in the online 1. The lowest bidder has to fax the duly signed filled-in prescribed format as provided on case-to-

case basis to SBIIMS through service provider within 24 hours of auction without fail.

2. The e-reverse auction will be treated as closed only when the bidding process gets closed in all

respects for the item listed in the tender.

3. The price quoted by the bidder in the Indicative price bid will be an

indicative price for the respective item. The tenders received by the

SBIIMS will be evaluated and e-Reverse auction will be conducted

over the reserved price fixed by the SBIIMS. After the Closure of e-

Reverse auction, the lowest bidder has to submit the Price

confirmation letter & detailed breakup for his offer (in the same format

of ‘Revised Indicative Price Bid’) containing the final rates of all the

items calculated by multiplying all the rates quoted by them against

each item in the indicative price bid with ‘K’ factor. Please note that

‘K’ factor is the ratio of the total amount quoted by the lowest bidder

through e-Reverse auction and the total amount quoted by him in the




indicative price bid.

PROCESS COMPLIANCE STATEMENT (ANNEXURE I)

(The bidders are required to print this on their company’s letter head and sign, stamp before emailing)

To, E-tendering Technologies Ltd.

AGREEMENT TO THE PROCESS RELATED TERMS AND CONDITIONS FOR THE ONLINE E-TENDERING FOR SUPPLY, INSTALLATION, TESTING AND COMMISSIONING OFVARIOUR TYPES & RATINGS OF UPS SYSTEMS FOR INTERNAL AUDIT DEPARTMENT AND GOC , HYDERABAD Dear Sir, This has reference to the Terms & Conditions for the E-tendering mentioned in the Tender document This letter is to confirm that: 1) The undersigned is authorized representative of the company.

2) We have studied the Commercial Terms and the Business rules governing the E-tendering as

mentioned in RFP of SBIIMSPL as well as this document and confirm our agreement to them.

3) We also confirm that we have taken the training on the E-tendering tool and have understood the

functionality of the same thoroughly.

4) We confirm that SBIIMSPL and ETL shall not be liable & responsible in any manner whatsoever

for my/our failure to access & bid on the e-E-tendering platform due to loss of internet

connectivity, electricity failure, virus attack, problems with the PC, any other unforeseen

circumstances etc. before or during the E-tendering event.

5) We also confirm that we have a valid digital signature certificate issued by a valid

Certifying Authority.

6) We also confirm that we will mail the price confirmation & break up of our quoted price as per

Annexure III & Annexure IV within 24 hour of the completion of the e-tendering and the format as

requested by SBIIMSP-L/ETL

7) We, hereby confirm that we will honor the Bids placed by us during the E-tendering process.

With regards,

Date: Signature with company seal Name: Company / Organization: Designation within Company / Organization: Address of Company / Organization: Scan it and send to this Document on ---------------------------




(E) PRICE CONFIRMATION LETTER (ANNEXURE II)

(The bidders are required to print this on their company’s letter head and sign, stamp before emailing)

To, E-tendering Technologies Ltd.

AGREEMENT TO THE PROCESS RELATED TERMS AND CONDITIONS FOR THE ONLINE E-TENDERING FOR SUPPLY, INSTALLATION, TESTING AND COMMISSIONING OFVARIOUR TYPES & RATINGS OF UPS SYSTEMS FOR INTERNAL AUDIT DEPARTMENT AND GOC AT CMP, HYDERABAD E-tendering Date: Dear Sir, We confirm that we have quoted. ------------------------------------------(Rs.-----------------------------------) Thanking you and looking forward to the valuable order from SBIIMSPL. Yours sincerely, For _________________ Name: Company: Date: Seal:




(F) PRICE BREAK UP (ANNEXURE III)

Price Break up

As per tender document

(G) Contact Information

E-tendering Technologies Ltd./C-1 India Pvt. Ltd.

SBI Infra Management Solutions Pvt. Ltd.,

__________________________________

The Senior Vice President, Circle Office SBI Infra Management Solutions Pvt. Ltd., State Bank of India Ground Floor, Adj to Commercial Branch, SBI LHO campus, Bank Street, Koti, Hyderabad- 500095




ARTICLES OF AGREEMENT

(On non-judicial Stamp Paper of Rs. 200/-)

ARTICLES OF AGREEMENT made the ______________ date of _______ between State

Bank of India, having its office at Mumbai hereinafter called "the Bank" of the One Part

and _____________________________________________________________

________________________________________________________________________

WHEREAS the Bank is desirous of __________________________________________

________________________________________________________________________

And has caused drawings and specifications describing the work to be done to be prepared

by SBI Infra Management Solutions Pvt. Ltd.

AND WHEREAS the said Drawings numbered _____________________ to

_______________ inclusive, the Specifications and the Schedule of Quantities have

been signed by or on behalf of the parties hereto.

AND WHEREAS the Contractor has agreed to execute upon and subject to the Conditions

set forth herein and to the Conditions set forth herein in the Special Conditions and in the

Schedule of Quantities and Conditions of Contract (all of which are collectively

hereinafter referred to as “the said conditions”) the works shown upon the said Drawings

and/or described in the said Specifications and included in the Schedule of Quantities at

the respective rates therein set forth amounting to the sum as therein arrived at our such

other sum as shall become payable there under (hereinafter referred to as “the said

Contract Amount”)

NOW IT IS HEREBY AGREED AS FOLLOWS:

1) In consideration of the said Contract Amount to be paid at the times and in the manner

set forth in the said Conditions, the Contractor shall upon and subject to the said

Conditions execute and complete the work shown upon the said Drawings and described

in the said Specifications and the priced Schedule of Quantities.

2) The Employer shall pay to the Contractor the said Contract Amount, or such other sum

as shall become payable, at the times and in the manner specified in the said

Conditions.

3) The term “the Architects” in the said Conditions shall mean the said (----------

--------------), or in the event of their ceasing to be the Architects for the purpose of this

Contract for whatever reason, such other person or persons as shall be nominated for

that purpose by the Employer, not being a person to whom the Contractor shall object for

reasons considered to be sufficient by the Employer, PROVIDED ALWAYS that no

person or persons subsequently appointed to be Architects under this Contract shall be

entitled to disregard or overrule any previous decisions or approval or direction given or

expressed in writing by the outgoing Architects for the time being.




4) The said Conditions and Appendix thereto shall be read and construed as forming part of

this Agreement, and the parties hereto shall respectively abide by submit themselves to

the said Conditions and perform the Agreements on their part respectively in the said

Conditions contained.

5) The Plans, Agreements and Documents mentioned herein shall form the basis of this

Contract.

6) This Contract is neither a fixed lump-sum contract nor a piece work contract but a

contract to carry out the work in respect of the entire project to be paid for according to

actual measured quantities at the rates contained in the Schedule of Quantities and

Rates or as provided in the said Conditions.

7) The Contractor shall afford every reasonable facility for the carrying out of all works relating

to civil, interior installation of lifts, Telephone, electrical installations, fittings air-conditioning

and other ancillary works in the manner laid down in the said Conditions, and shall make

good any damages done to walls, floors, etc. after the completion of his work.

8) The Employer/SBIIMSPL reserves to itself the right of altering the drawings and nature of

the work by adding to or omitting any items of work or having portions of the same carried

out without prejudice to this Contract.

9) Time shall be considered the essence of this Contract and the Contractor hereby agrees to

commence the work soon after the Site is handed over to him or from the date of issue of

formal work order as provided for in the said Conditions whichever is earlier and to

complete the entire work as specified in the tendersubject to nevertheless to the provisions

for extension of time.

10) All payments by the Employer under this Contract will be made only at Hyderabad.

11) All disputes arising out of or in any way connected with this Agreement shall be deemed

to have arisen at Hyderabad and only the Courts in Hyderabad shall have jurisdiction to

determine the same.

12) The Contractor will provide warranty of 1 year on Air-conditioners including all accessories as

mentioned in BOQ for Replacement of Ductable Air Conditioners at State Bank Institute of Information and Communication Management(SBIICM), Academic Building, Banjara Hill, Hyderabadfrom the virtual completion of the project and will also have to provide comprehensive annual maintenance contract for the next 4 years after defect liability period of 1 year.

12) That the several parts of this Contract have been read by the Contractor and fully

understood by the Contractor.

IN WITNESS WHREOF THE EMPLOYER and the Contractor have set their respective hands

to these presents and two duplicates hereof the day and year first hereinabove written.

SIGNATURE CLAUSE

SIGNED AND DELIVERED by the




_______________________ by the

(Employer)

hand of Shri ___________________

______________________________ (Signature of Employer)

(Name and Designation)

in the presence of :

1) Shri / Smt. ___________________ (Signature of Witness)

Address ___________________

___________________

(Witness)

2) Shri / Smt. ___________________ (Signature of Witness)

Address ___________________ ___________________ (Witness)

SIGNED AND DELIVERED by(If the Contractor is a Partnership Firm or an Individual, should be signed by all partners or by duly authorized person onbehalf of all partners)

(1)

Address

(2)

Address (Witness)

THE COMMON SEALOF was hereinto affixed pursuanttotheresolutionByBoardofDirectorsattheMeetingheldon (If the Contractor signs under its common seal, the Signature Clause should tally with the sealing clause in the Articles ofAssociation) SIGNED AND DELIVERED by

(1)

(2)




1) Address (2) Address (Witness) SIGNED AND DELIVERED by (If the Contractor has signed by the hand of Powerof Attorney, whether a Company or Individual)

(1)

Address

(2)

Address (Witness)

SCHEDULE

(i) Letter of Acceptance/WorkOrderNo. Dt.

(ii) YourletterNo’s Dt.

(iii) OurLetterNos. Dt.

(iv) Minutes of MeetingDt.

(v) Form of Tender, Notice Inviting Tender, Instructions to Tenderers, General Conditions of Contract, Special Conditions of Contract, Additional conditions & Specifications, Technical Specifications, Bill/ Schedule of Quantities, Price Bid, Safety Code, List of approved makes, Guarantee Agreements, Mode of Measurements, Appendices, Drawings, Testing of Materials &their Frequency, Bar Chartetc.

(vi) ____________________________________________________________

(vii) ____________________________________________________________

Supply, Installation, Testing and Commissioning of various ratings of UPS System without Battery Bank for SBI Branches

and offices

Page 16 of 42

INSTRUCTION TO THE TENDERER

1.0 Scope ofWork

Online two bid system are invited by The Senior Vice President, SBI Infra management solutions

Pvt. Ltd ,Ground floor, Adj to Commercial Branch, SBI LHO campus,Bank Street, Koti, Hyderabad- 500095 for and on behalf of SBI, Hyderabad.

1.1 Site and its location: The proposed work is to be carried out as specified in NIT

Tender Documents

2.0 The work has to be carried out strictly according to the conditions stipulated in

the tender

2.2 Consistingthefollowing documents and the most workmen like manner.

1. Instructions toTenderers. 2. GeneralConditionsof Contract. 3. SpecialConditionof Contract. 4. AdditionalConditions. 5. TechnicalSpecifications. 6. priceBid(It will be uploaded separately) 7. NIT 8. Performance GuaranteeAgreement

2.3 The above documents shall be taken as complementary and mutually

explanatory of one another but in case of ambiguities or discrepancies, shall take precedence in the order givenbelow:

a) Price bid / B.O.Q. &NIT b) Additional Conditions & Approvedmake. c) TechnicalSpecifications d) Special Condition of Contract e) General Condition of Contract f) Instructions toTenders

2.4 The tender documents are nottransferable.

3.0 Site Visit 3.1 The tenderer must obtain himself on his own responsibility and his own expenses all information and data which may be required for the purpose of filling this tender document and enter into a contract for the satisfactory performance of the work. The tenderer is requested to satisfy himself regarding the availability of water, power, transport and communication facilities, the character quality and quantity of the materials, labour, the law and order situations, climatic conditions, local authorities requirement, traffic regulations etc. The tenderer will be fully


and offices

Page 17 of 42

responsible for considering the financial effect of any or all the factors while submitting histender.

4.0 Earnest Money Deposit(EMD)

4.1 The tenderer are requested to submit the Earnest Money as mentioned in NIT by way of online mode and upload the copy of the same in website 4.2 EMD in any other form other than as specified above will not be accepted.

Tender not accompanied by the EMD in accordance with clause 4.1 above shall berejected.

4.3 No interest will be paid on theEMD.

4.4 EMD of unsuccessful tenderer will be refunded within 30 days of award of contract.

4.5 EMD of successful tenderer will be retained as a part of Initial security deposit (ISD)

5.0 Initial Security Deposit(ISD) 5.1 The ISD amount shall be 2% of the contract value. The successful tenderer will

have to submit a sum equivalent to 2% of contract value less EMD (which shall be

adjusted as part of ISD) by means of Demand Draft / Banker’s Cheque in favour of Sr.

Vice President, SBIIMS,Hyderabad. Payable at Hyderabadwithin a period of 07

daysfrom the date ofLOA.

6.0 Total Security Deposit(TSD)

6.1 Total Security Deposit shall be 5% of contract value. Out of this 2% of contract value is in form of initial security deposit which includes the EMD. The balance 3% shall be deducted from the final bill of the work by way of retention amount.The TSD would be paid to the contractors after the defects liability period as specified in the contract. 6.2 No interest shall be paid on the amount retained by the Bank as Security Deposit. (TSD/ ISD/ No interest shall be paid on the amount retained by the Bank as Security Deposit. (TSD/ ISD/ Retention Amount)Retention

7.0 Signing of contract documents The successful tenderer shall be bound to implement the contract by signing an agreement and conditions of contract attached herewith within 15 days from the receipt of intimation of acceptance of his tender by the Bank. However, the written acceptance of the tender by the Bank will constitute a binding agreement between the Bank and successful tenderer whether such formal agreement is subsequently entered into ornot.

8.0 Completion period


and offices

Page 18 of 42

Time is essence of the contract. The work should be completed in all respects in accordance with the terms of contract within a period as mentioned in NIT, from the date of handing over site or from the date of receipt of letter of acceptance whichever islater.

9.0Validity of tender Tenders shall remain valid and open for acceptance for a period (validity of offer) as mentioned in NIT. If the tenderer withdraws his / her offer during the validity period or makes modifications in his/her original offer which are not acceptable to the Bank, without prejudice to any other right or remedy, the Bank shall be at liberty to forfeit the EMD.

10.0Liquidated Damages The liquidated damages shall be as mentioned in NIT. 11.0 Rate and prices:

11.1 In case of item ratetender 11.1.1 The Tenderer shall quote their rates for individual itemsboth in words and figures. In case of discrepancy between the rates quoted in words and figures the unit rate quoted in words will prevail. If no rate is quoted for a particular item the contractor shall not be paid for that item when it is executed.The amount of each item shall be calculated and the requisite total is given. In case of discrepancy between the unit rate and total amount calculated from multiplication of unit rate and the quantity, the unit rate quoted will govern and the amount will be corrected. 11.1.2The Tenderers need not quote their rates for which no quantities have been given. In case the tenderer quote their rates for such items those will be ignored and will not be considered duringexecution. 11.1.3 The Tenderers should not change the units as specified in the tender. If any unit is changed the tenders would be evaluated as per the original unit and the contractor would be paid accordingly. The Tenderers should not change or modify or delete the description of the item. If any discrepancy is observed he should immediately bring to the knowledge of the SBIIMS/Bank.

11.1.4 Each page of the tender document shall be signed by the authorized personand cutting or overwriting shall be duly attested by him

11.1.5 The rate quoted shall be firm and shall include all costs, allowances, leviesetc.


and offices


GENERAL CONDITIONS OF CONTRACT

1.0 Definitions: “Contract” means the documents forming the tender and the acceptance thereof and the formal agreement executed between State Bank of India (Client) and the Contractor, together with the documents referred therein including these conditions, the specifications, designs, drawings and instructions issued from time to time by the Architects/ Bank and all these documents taken together shall be deemed to form one contract and shall be complementary to oneanother.

1.1 In the contract the following expressions shall, unless the context otherwise requires, have the meaning hereby respectively assigned tothem.

1.1.1 ‘SBI’ shall mean State Bank of India (client) having its Corporate Centre at State Bank Bhavan, Madame Cama Road, Mumbai-400 021 and includes the Client’s representatives, successors and assigns.‘Architect/ consultants’ shall mean SBI Infra Management Solution Pvt. Ltd.and includes its representative, successors andassigns.

1.1.2 ‘Site Engineer’/ ‘Site Supervisor’ shall mean an Engineer/ Supervisor if any, appointed by the Bank / Architect as their representative to give instructions to the contractor.

1.1.3 ‘The Contractor’ shall mean the individual or firm or company whether incorporated or not, undertaking the works and shall include legal personal representative of such individual or the composing the firm or company and the permitted assignees of such individual or firm or company. The expression ‘Works’ or ‘Work’ shall mean the permanent or temporary work described in the ‘Scope of Work’ and / or to be executed in accordance with the contract and includes materials, apparatus, equipments, temporary supports, fittings and things of all kinds to be provided, the obligations of the contractor hereunder and work to be done by the contractor under thecontract. 1.1.4 ‘Engineer’ shall mean the representative of the Architect/Consultant/SBIIMS. 1.1.5 ‘Drawings’ shall mean the drawings prepared by the Architects and issued by the Engineer and referred to in the specifications and any modifications of such drawings as may be issued by the Engineer from time to time ‘Contract value shall mean the value of the entire work as stipulated in the letter of acceptance of tender subject to such additions thereto or deductions there from as may be made under the provision herein aftercontained. 1.1.6 ‘Specifications’ shall mean the specifications referred to in the tender and any modifications thereof as may time to time be furnished or approved by the Architects/ consultant/SBIIMS. 1.1.7 “Month” mean calendarmonth. 1.1.8 ‘Week’ means seven consecutivedays. 1.1.9 ‘Day” means a calendar day beginning and ending at 00 hr and 24 hrs

respectively.


and offices


CLAUSE

1.0 Total Security Deposit

Total Security deposit comprise of:

(a) Earnest Money Deposit

(b) Initial Security Deposit

(c) Retention Money

a) Earnest Money Deposit

The tenderer shall furnish EMD as specified in NIT. No tender shall be considered unless the EMD is so deposited in the required form. No interest shall be paid on this EMD. The EMD of the unsuccessful tenderer shall be refunded within 30 days after the decision to award the contract is taken without interest. The EMD shall stand absolutely forfeited if the tenderer revokes his tender at any time during the period when he is required to keep his tender open for acceptance by the SBI /SBIIMS or after it is accepted by the SBI/SBIIMS the contractor falls to enter into a formal agreement or fails to pay the initial security deposit as stipulated or fails to commence the work within the stipulated time.

b) Initial Security Deposit (ISD)

The amount of ISD shall be 2% of accepted value of tender including the EMD. Balance of ISD (i.e. excluding EMD) is to be submitted in the form of D/D drawn on any scheduled Bank and shall be deposited within 15 days from the date of letter of acceptance of tender.

c) Retention Money

Total security deposit shall be 5% of the final value of the work. Out of this 2% of tender value (i.e. tender amount) is in the form of initial security deposit(ISD) which includes the EMD. Balance security deposit (i.e. 5% of final value of work less 2% of tender value already deposited as ISD) towards the work shall be deducted from the final by way of retention money. The total 5% of the retention money shall be paid after the defects liability period of 1 Year as specified in the contract. The retention money of 5 % of the contract value will be released on submission of Bank guarantee of equal amount issued by any Nationalised/Scheduled Bank other than SBI for the defect liability period of two years from the date of virtual completion of the projects. The retention money will be interest free.

2.0Additional Security Deposit:

In case L-1 bidder quotes abnormally low rates (i.e. 10% or more, below estimated project cost), the bank may ask such bidder to deposit additional security deposit (ASD) equivalent to difference of estimated cost vis-à-vis L-1 quoted amount for due fulfilment of contract. Such ASD could be in the form of FDR / Bank’s guarantee in the Bank’s name as per format approved by the Bank. On successful completion of work ASD will returned to the contractor. In case


and offices


contractor fails to complete the work in time or as per tender specification or leave the job incomplete, the bank will be at liberty to recover the dues from ASD or to forfeit such ASD as the case may be within its sole discretion.

No interest shall be paid to the amount retained by the Bank as Security Deposit.

2.0 Language The language in which the contract documents shall be drawn shall be in English.

3.0 Errors, omissions and discrepancies In case of errors, omissions and / or disagreement between written and scaled dimensions on the drawings or between the drawings and specifications etc., the following order shall apply: i) Between scaled and written dimension (or description) on a drawing, the latter shall

be adopted. ii) Between the written or shown description or dimensions in the drawings and the

corresponding one in the specification the former shall be taken ascorrect. iii) Between written description of items in the specifications and description in bills of

quantities of the same item, the former shall beadopted. a) In case of difference between rates written in figures and words, the rate in word

shallprevail.

b) Between the duplicate/ subsequent copies of the tender, the original tender shall be taken ascorrect.

4.0 Scope ofwork: The contractor shall carryout complete and maintain the said work in every respect strictly in accordance with this contract and with the directions of and to the satisfaction of the Bank to be communicated through the Architect/ Consultant. The Architect/ Consultant at the directions of the Bank from time to time, issue further written instructions, detail directions and explanations which are hereafter collectively referred to as the Architect/ Consultant’s instructions in regard to the variation or modification of the design, quality or quantity of work or the addition or omission or submission of any work. Any discrepancy in the drawings or between the BOQ and/ or drawings and/ or specifications, the removal from the site of any material brought thereon by the Contractor and any substitution of any other materials thereof the removal and or re-execution of any work executed by him, the dismissal from the work of any person employed/ engaged thereupon.

5.0 (I) Letter ofacceptance: Within the validity period of the tender, the Bank shall issue a letter of acceptance either directly or through the Architect/ Consultant by registered post or otherwise depositing at the address of the contractor as given in the tender to enter into a Contract for the execution of the work as per the terms of the tender. The letter of acceptance shall constitute a binding contract between the SBI and the contractor.


and offices


(II) Contract Agreement:

On receipt of intimation of the acceptance of tender from the SBI/ Architect the successful tenderer shall be bound to implement the contract and within Seven days thereof. He shall sign an agreement on a non-judicial stamp paper of appropriate value.

6.0 Ownership of Drawings& Specification: All specifications, drawing (if any) and copies thereof furnished by the SBI/SBIIMS are the properties of the SBI. They are not to be used on other work.

7.0 Detailed drawings and instructions: The SBI/SBIIMS shall furnish with reasonable promptness additional instructions by means of drawings or otherwise, necessary for the proper execution of the work. All such drawings and instructions shall be consistent with the contract document, true developments thereof and reasonably inferable there from.

8.0 The work shall be executed in conformity therewith and the contractor will prepare a detailed program schedule including drawing indicating therein the date of start and completion of various activities on receipt of the work order and submit the same to the SBIIMS. Copies of agreement Two copies of agreement duly signed by both the parties (Bank & the Contractor) with the drawings shall prepared one each for both the parties. A photocopy of such agreement shall be kept by the Architects.

9.0 Liquidateddamages:

If the contractor fails to maintain the required progress in terms of clause 30 of GCCor to complete the work and clear the site including vacating their office on or before the contracted or extended date or completion without justification in support of the cause of delay, he may be called upon without prejudice to any other right of remedy available under the law to the SBI on account of such breach to pay a liquidated damages as per NIT.

10.0 Materials, Appliances and employees:

Unless or otherwise specified the contractor shall provide and pay for all materials, labour, water, power, tools, equipment, transportation and any other facilities that are required for the satisfactory execution and completion of the work. Unless or otherwise specified. All materials shall be new and both workmanship and materials shall be of best quality. The contractor shall at all times enforce strict discipline and good order among his employees and shall not employ on the work any unfit person or anyone not skilled in the work assigned to him. Workman whose work or behavior is found to be unsatisfactory by the SBI/ Architect/Consultant shall be removed from the site immediately.

11.0 Permits, laws and Regulations:


and offices


Permits and licenses required for the execution of the work shall be obtained by the contractor at his own expenses. The contractor shall give notice and comply with the regulations, laws, and ordinances, rules, applicable to the contract. If the contractor observes any discrepancy between the drawings and specifications, he shall promptly notify the SBIIMS. If the contractor performs any act, which is against the law, rules and regulations he shall meet all the costs arising there from and shall indemnity both the SBI and SBIIMS any legal actions arising there from.

12.0 Setting outwork: The contractor shall set out the work and shall be responsible for the true and perfect setting out the same and for the correctness of the positions, levels, dimensions, and alignment of all parts thereof and got it approved by the Architect/Consultant before proceeding with the work if at any time any error in this respect shall appear during the progress of the works, irrespective of the fact that the layout had been approved by the SBIIMS the contractor shall be responsible for the same and shall at his own expenses rectify such error, if so, required to satisfaction of the SBI.

13.0 Protection of works andproperty: The contractor shall continuously maintain adequate protection, of all his work from damage and shall protect the SBI’s properties from the injury or loss arising in connection with contract. He shall make good any such damage, injury, loss, except due to causes beyond his control and not due to his fault or negligence. He shall take adequate care and steps for protection of the adjacent properties. The contractor shall take all precautions for safety and protections of his employees on the works and shall comply with all applicable provisions of Govt. and local body’s safety laws and building codes to prevent accidents or injuries to persons or property on about or adjacent to his place of works. The contractor shall make insurance covers as per clause 26.0 of GCCathisowncost.Thepolicywillbetakeninjointnameofthecontractorand

the SBI and the original policy may be lodges with SBI.

14.0 Inspections of work:

The SBI/ SBIIMS or their representatives shall at all reasonable times have free access to the work site and/ or to the workshop, factories, or other places where materials are laying or from where they are obtained and the contractor shall give every facility to the SBI/ SBIIMS and their representatives necessary for inspection and examination and test of the materials and workmanship. Nonperson unless authorized by the SBI/ SBIIMS except the representative of Public authorities shall be allowed on the work at any time. The proposed work either during its construction stage or its completion can also be inspected by the Chief Technical Examiner’s organization a wing of Central Vigilancecommission.

15.0 Assignment and subletting: The whole of work included in the contract shall be executed by the contractor and he shall not directly entrust and engaged or indirectly transfer, assign or underlet the contract or any part or share thereof or interest therein without the written consent of the SBI though the Architect/SBIIMS and no undertaking shall relieve the contractor


and offices


from the responsibility of the contractor from active superintendence of the work during its progress

16.0 Quality of materials, workmanship & Test i) All materials and workmanship shall be best of the respective kinds described in the contract and in accordance with the SBIIMS/Consultant’s instruction and shall be subject from time to time to such test as the SBIIMS/Consultant may direct at the place of manufacture or fabrication or on the site or in an approved testing laboratory. The contractor shall provide such assistance, instruments, machinery, labour and materials as are normally required for examining, measuring, sampling and testing any material or part of work before incorporation in the work for testing a may be selected and required by the SBIIMS/Consultant. ii) Samples

All samples of adequate numbers, size, shades & pattern as per specifications shall be supplied by the contractor without any extra charges. If certain items proposed to be used are of such nature that samples cannot be presented or prepared at the site detailed literature/ test certificate of the same shall be provided to the satisfaction of the SBIIMS/Consultant,. Before submitting the sample/ literature the contractor shall satisfy himself that the material/ equipment for which he is submitting the sample/ literature meet with the requirement of tender specification. Only when the samples are approved in writing by the SBIIMS/Consultant the contractor shall proceed with the procurement and installation of the particular material/ equipment. The approved samples shall be signed by the SBIIMS/Consultant for the identification and shall be kept on record at site office until the completion of the work for inspection/ comparison at any time. The SBIIMS/Consultant shall take responsibility time to approve the sample. Any delay that might occur in approving the samples for reasons of its not meeting the specifications or other discrepancies, inadequacy, delay in furnishing samples of best qualities from various manufactures and such other aspects causing delay on the approval of the material/ equipment etc. shall be to the account of the contractor.

iii) Cost ofTests The cost of making any test shall be borne by the contractor if such test is intended by or provided for in the specifications or BOQ iv) Cost of test not providedfor If any test is ordered by the SBIIMS/Consultant which is either If so intended by or provide for or (in the cases above mentioned) is not so particularized, or though so intended or provided for but ordered by the SBIIMS/Consultant to be carried out by an independent person at any place other than the site of the place of manufacture or fabrication of the materials tested or any Government/ approved laboratory, then the cost of such test shall be borne by the contractor.

17.0 Obtaining information related to execution ofwork: No claim by the contractor for additional payment shall be entertained which is consequent upon failure on his part to obtain correct information as to any matter affecting the execution of the work or any misunderstanding or the obtaining incorrect


and offices


information or the failure to obtain correct information relieve him from any risks or from the entire responsibility for the fulfillment ofcontract.

18.0 Contractor’s superintendence

The contractor shall give necessary personal superintendence during the execution of the works and as long, thereafter, as the SBIIMS/ Consultant may consider necessary until the expiry of the defects liability period, statedhereto.

I. Cost ofTests The cost of making any test shall be borne by the contractor if such test is intended by or provided for in the specifications or BOQ

II. Cost of test not providedfor If any test is ordered by the Architect/Consultant which is either a) If so intended by or provide for or (in the cases above mentioned) is not so particularized, or though so intended or provided for but ordered by the Architect/Consultant to be carried out by an independent person at any place other than the site of the place of manufacture or fabrication of the materials tested or any Government/ approved laboratory, then the cost of such test shall be borne by the contractor.

19.0 Quantities: I. The bill of quantities (BOQ) unless or otherwise stated shall be deemed to have

been prepared in accordance with the Indian Standard method of Measurements and quantities. The rate quoted shall remain valid for variation of quantity against individual item to any extent subject to maximum variation of the contract value by 25%.All the entire amount paid under Clause no. 20 & 21, hereof as well as amounts of prime cost and provisional sums, if any, shall be excluded.

II. Variations exceeding 25% as above: The items of work executed in relation to variation exceeding 25% shall be paid on the basis of provisions of clause no. 22(e)hereof.

20.0 Works to be measured The SBIIMS/Consultant may from time to time intimate to the contractor that he requires the work to be measured and the contractor shall forthwith attend or send a qualified representative to assist the SBIIMS/Consultant in taking such measurements andcalculations and to furnish all particulars or to give all assistance required by any of them. Such measurements shall be taken in accordance with the mode of Measurements detailed in the specifications. The representative of the SBIIMS/ Consultant shall take the joint measurements with the contractor’s representative and the measurements shall be recorded. The measurements recorded by the representative of the SBIIMS/Consultant shall be final. All authorized extra work; omissions and all variations made shall be included in such measurement.

21.0 Variations


and offices


No alteration, omission or variation ordered in writing by the SBIIMS/ Consultant shall vitiate the contract. In case the SBI/ SBIIMS/Consultant thinks proper at any time during the progress of works to make any alteration in, or additions to or omissions from the works or any alteration in the kind or quality of the materials to be used therein, the SBIIMS/Consultant shall give notice thereof in writing to the contractor or shall confirm in writing within seven days of giving such oral instructions, the contractor shall alter to, add to, or omit from as the case may be in accordance with such notice, but the contractor shall not do any work extra to or make any alterations or additions to or omissions from the works or any deviation from any of the provisions of the contract, stipulations, specifications or contract drawings without previous consent in writing of the SBIIMS/Consultant and the value of such extras, alternations, additions or omissions shall in all cases be determined by the SBIIMS/Consultant and the same shall be added to or deducted from the contract value, as the case may be.

22.0 Valuation ofvariations: No claim for an extra shall be allowed unless it shall have been executed under the authority of the SBIIMS/Consultant with the concurrence of the SBI as herein mentioned. Any such extra is herein referred to as authorized extra and shall be made in accordance with the following provisions. a)

i) The net rates or prices in the contract shall be determine the valuation of the extra work where such extra work is of similar character and executed under similar conditions as the work pricedherein.

ii) Rates for all items, wherever possible should be derived out of the rates given in the pricedBOQ

b) The net price of the original tender shall determine the value of the items omitted, provided if omissions do not vary the conditions under which any remaining items of works are carried out, otherwise the prices for the same shall be valued under sub-clause (c)hereunder.

c) Where the extra works are not of similar character and/ or executed under similar conditions are aforesaid or where the omissions vary the conditions under which any remaining items or works are carried out, then the contractor shall within 7 days of the receipt of the letter of acceptance inform the Architect/Consultant of the rate which he intends to charge for such items of work,dulysupportedbyanalysisoftherateorratesclaimedandtheSBIIMS

/Consultant shall fix such rate or prices as in the circumstances in his opinion are reasonable and proper, based on the market rate.

d) Where extra work cannot be properly measured or valued the contractor shall be allowed day work prices at the net rates stated in the tender of the BOQ or, if not, so stated then in accordance with the local day work rates and wedges for the district; provided that in either case, vouchers specifying the daily time (and if required by the Architect/Consultant) the workman’s name and materials employed be delivered for verifications to the SBIIMS/Consultant at or before the end of the week following that in which the work has beenexecuted.

e) It is further clarified that for all such authorized extra items where rates cannot be derived from the tender, the Contractor shall submit rates duly supported by rate analysis worked on the “market rate basis” for material, labour, hire/ running charges of equipments and wastage etc. plus 15% toward


and offices


establishment charges, contractor’s overheads and profits. Such items shall not be eligible forPVA.

23.0 Final measurements:

The measurements and the valuation in respect of the contract shall be completed within six months of the virtual completion of the work.

24.0 Virtual Completion Certificate (VCC) On successful completion of the entire works covered by the contract to the full satisfaction of the SBI/SBIIMS, the contractor shall ensure that the following works has been completed to the satisfaction of the SBI/SBIIMS. a) Clear the site of all scaffolding, wiring, pipes, surplus materials, contractor’s

labour, equipment andmachinery. b) Demolish, dismantle and remove the contractor’s site office, temporary works,

structure including labour sheds/ camps and construction of other items and things whatsoever brought upon or erected at the site or any land allotted to the contractor by the SBI and not incorporated in the permanentworks.

c) Remove all rubbish, debris etc. from the site and the land allotted to the contactor by the SBI and shall clear, level, and dress, compact the site as required by theSBI.

d) Shall put the SBI in undisputed custody and possession of the site and all land allotted by theSBI.

e) The contractor shall hand over the work in a peaceful manner to theSBI/SBIIMS. All defects/ imperfection have been attended and rectified as pointed out by the SBI to the full satisfaction of the SBI. Upon the satisfactory fulfillment by the contractor as stated above, the contractor shall be entitled to apply to the Architect/Consultant is satisfied of the completion of the work. Relative to which the completion certificate has been sought, the Architect/Consultant shall within fourteen (14) days of the receipt of the application for virtual completion certificate, issue a VCC in respect of the work for which the VCC has been applied.

f) This issuance of a VCC shall be without prejudice to the SBI’s rights and contractor’ liabilities under the contract including the contractor’s liability for defect liability period nor shall the issuance of VCC in respect of the works or work at any site be construed as a waiver of any right or claim of the SBI against the contractor in respect of works or works at the site and in respect of whichthe

VCC has been issued. 25.0 Work by otheragencies: The SBI/ SBIIMS/Consultant reserve the rights to use premises and any portion of the site for execution of any work not included in the scope of this contract which it may desire to have carried out by other persons simultaneously and the contractor shall not only allow but also extend reasonable facilities for the execution of such work. The contractor however shall not be required to provide any plant or material for the execution of such work except by special arrangement with the SBI. Such work shall be carried out in such manner as not to impede the progress of the works included in the contract.


and offices


26.0 Insurance ofworks: 26.1 Without limiting his obligations and responsibilities under the contract the contractor shall insure the joint names of the SBIIMS and the contractor against all loss or damages from whatsoever cause arising other then the excepted risks, for which he is responsible under the terms of contract and in such a manner that the SBI and contractor are covered for the period stipulated in clause 8 of Instruction to the Tenderers and are also covered during the commencement of the period of maintenance and for any loss or damage arising from a cause, occurring prior to the commencement of the period of maintenance and for any loss or damage occasioned by the contractor in course of any operations carried out by him for the purpose of complying with his obligations underclause. a) The work for the time being executed to the estimated current Contract Value

thereof, or such additional sum as may be specified together with the materials for incorporation in the work at their replacementvalue.

b) The constructional plant and other things brought on to the site by the contractor to the replacement value of such constructional plant and otherthings.

c) Such insurance shall be effected with an insurer and in terms approved by the SBI which approval shall not be unreasonably withheld and the contractor shall whenever required produce to the Architect/ Consultant the policy of insurance and the receipts for payment of the currentpremiums.

26.2 Damage to persons and property The contractor shall, except if and so far as the contract provides otherwise indemnify the SBI/SBIIMS against all losses and claims in respect of injuries or damages to any person or material or physical damage to any property whatsoever which may arise out of or in consequence of the execution and maintenance of the works and against all claims proceedings, damages, costs, charges and expenses whatsoever in respect of or in relation thereto except any compensation of damages for or with respectto: a) The permanent use or occupation of land by or any partthereof. b) The right of SBI to execute the works or any part thereof, over, under, in or

through anylands. c) Injuries or damages to persons or properties, which are unavoidable result of

the execution or maintenance of the works in accordance with thecontract. d) Injuries or damages to persons or properties resulting from any act or neglect of

the SBI, their agents, employees or other contractors not being employed by the contractor or for or in respect of any claim, proceedings damages, costs, charges and expenses in respect thereof or in relation thereto or where the injuryordamagewascontributedtobythecontractor,hisservantsoragents.Such part of the compensation as may be just and equitable having regard to the extent of the responsibility of the SBI, their employees, or agents or other employees, or agents or other contractors for the damage orinjury.

26.3 Contractor to indemnifySBI/SBIIMS The contractor shall indemnify the SBI against all claims, proceedings, damages, costs, charges and expenses in respect of the matters referred to in the provision of


and offices


this sub-clause 26.2

26.4 Contractor’s superintendence The contractor shall fully indemnify and keep indemnified the SBI/SBIIMS against any action, claim, or proceeding relating to infringement or use of any patent or design or any alleged patent or design rights and shall pay any royalties which may be payable in respect of any article or part thereof included in the contract. In the event of any claim made under or action brought against SBI in respect of such matters as aforesaid the contractor shall be immediately notified thereof and the contractor shall be at liberty, at his own expenses to settle any dispute or to conduct any litigation that may arise there from, provided that the contractor shall not be liable to indemnify the SBI if the infringement of the patent or design or any alleged patent or design right is the direct result of an order passed by the Architect/Consultant in this behalf.

26.5 Third party Insurance 26.5.1

Before commencing the execution of the work the contractor but without limiting his obligations and responsibilities under clause 26.0 of GCC shall insure against his liability for any material or physical damage, loss, or injury which may occur to any property including that of SBI, or to any person, including any employee of the SBI, by or arising out of the execution of the works or in the carrying out of the contract, otherwise than due to the matters referred to in the proviso to clause 26.0 thereof.

26.5.2 Minimum amount of third partyInsurance Such insurance shall be affected with an insurer and in terms approved by the SBI which approval shall not be reasonably withheld and for at least the amount stated below. The contractor shall, whenever required; produce to the Architect/Consultant the policy or policies of insurance cover and receipts for payment of the current premiums.

26.6 The minimum insurance cover for physical property, injury, and death is Rs. 10 lacks per occurrence with the number of occurrence limited to four. After each occurrence contractor will pay additional premium necessary to make insurance valid for four occurrencesalways.

26.7 Accident or Injury to workman: 26.7.1

The SBI/SBIIMS shall not be liable for or in respect of any damages or compensation payable at law in respect or in consequence of any accident or injury to any workman or other person in the employment of the contractor or any sub-contractor, saveandexceptanaccidentorinjuryresultingfromanyactordefaultoftheSBIortheir agents, or employees. The contractor shall fully indemnify and keep indemnified the SBI/SBIIMS against all such damages and compensations, save and except as aforesaid and against all claims proceedings, costs, charges and expenses whatsoever in respect thereof or in relationthereto.

26.7.2 Insurance against accidents etc. toworkmen:


and offices


The contractor shall insure against such liability with an insurer approved by the SBI during the whole of the time that any persons are employed by him on the works and shall, when required, produce to the Architect/Consultant such policy of insurance and receipt for payments of the current premium. Provided always that, in respect of any persons employed by any sub-contractor, the contractor’s obligation to insure as aforesaid under this sub-clause shall be satisfied if the sub contractor shall have insured against the liability in respect of such persons in such manner that SBI is indemnified under the policy but the contractor shall require such sub -contractor to produce to the Architect/Consultant when such policy of insurance and the receipt for the payment of the current premium.

26.7.3 Remedy on Contractor’s failure toinsure: If the contractor fails to effect and keep in force the insurance to above referred to above or any other insurance which he may be required to effect under the terms of contract, then and in any such case the SBI may effect and keep in force any such insurance and pay such premium or premiums as may be necessary for that purpose and from time to time deduct the amount so paid by the SBI as aforesaid from any amount due or which may become due to the contractor, or recover the same as debt from the contractor.

26.7.4 Without prejudice to the other rights of the SBI against the contractor, in respect of such default, the employer shall be entitled to deduct from any sums payable to the contractor the amount of any damages, costs, charges, and other expenses paid by the SBI and which are payable by the contractor under this clause. The contractor shall upon settlement by the insurer of any claim made against the insurer pursuant to a policy taken under this clause, proceed with due diligence to rebuild or repair the works destroyed or damaged. In this event all the monies received from the insurer in respect of such damage shall be paid to the contractor and the contractor shall not be entitled to any further Payment in respect of the expenditure incurred for rebuilding or repairing of the materials or good destroyed ordamaged. 27.0 Commencement ofWorks: The date of commencement of the work will be reckoned as the date of handing over site or fifteen days from the date of issue of letter of acceptance of the tender by the SBI whichever is later.

28.0 Time of completion: Time is essence of the contract and shall be strictly observed by the contractor. The entire work shall be completed within a period as mentioned in NIT from the date of commencement. If required in the contract or as directed by the Architect/Consultant, the contractor shall complete certain portions of work before completion of the entire work. However the completion date shall be reckoned as the date by which the whole work is completed as per the terms of the contract.

29.0 Extension oftime: If, in the opinion of the Architect/Consultant, the work be delayed for reasons beyond the control of the contractor, the Architect/Consultant may submit a recommendation to the SBI to grant a fair and reasonable extension of time for completion of work as per the terms for contract. If the contractor needs an extension of the time for


and offices


completion of the work or if the completion of work is likely to be delayed for any reasons beyond the due date of completion as stipulated in the contract, the contractor shall apply to the SBI through the Architect/Consultant in writing at least 30 days before the expiry of the scheduled time and while applying for extension of time he shall furnish the reasons in detail and his justification if any, for the delays. The Architect/Consultant shall submit their recommendations to the SBI in the prescribed format for granting extension of time. While granting extension of time the contractor shall be informed the period of extended times, which will qualify for levy of liquidated damages. For the balance period in excess of original stipulated period and duly sanctioned extension of time by the SBI, the provision of liquidated damages as stated under clause 9 of GCC shall become applicable. Further the correct shall remain in force even for the period beyond the due date of completion irrespective whether the extension is granted ornot.

30.0 Rate ofprogress: Whole of the materials, plant and labour to be provided by the contractor and the mode, manner and speed of execution and maintenance of the works to be of a kind and conducted in a manner to the satisfaction of the Architect/Consultant should the rate of progress of the work or any part thereof be at any time be in the opinion of the Architect/Consultant too slow to ensure the completion of the whole of the work by the prescribed time or extended time for completion the Architect/Consultant shall thereupon take such steps as considered necessary by the Architect/Consultant to expedite progress so as to complete the works by the prescribed time or extended time. Such communications from the Architect/Consultant neither shall relieve the contractor from fulfilling obligations under the contract nor will he be entitled to raise any claims arising out of suchdirections.

31.0 Work during nights andholidays: Subject to any provision to the contrary contained in the contract no permanent work shall save as herein provided be carried on during the night or on holidays without the permission in writing from the SBIIMS/Architect/Consultant, save when the work is unavoidable or absolutely necessary for the saving of life or property or for the safety of the work in which case the contractor shall immediately advise the Architect/Consultant. However, the provisions of the clause shall not be applicable in the case of any work which becomes essential to carry by rotary or double shifts in order to achieve the progress and quality of the part of the work being technically required/ continued with the prior approval of the SBIIMS/Architect/Consultant at no extra cost to the SBI/SBIIMS.All work at night after obtaining approval from competent authorities shall be carried out without unreasonable noise and disturbance.

32.0 No compensation for restrictions ofwork: If at any time after acceptance of the tender SBI/SBIIMS shall deduct to abandon or reduce the scope of work for any reason whatsoever and hence not required the whole oranypart of the work to be carried out, the SBIIMS/Architect/Consultant shall give notice in writing to that effect to the contactor and the contactor shall act accordingly. In the matter the contactor shall have no claim to any payment of compensation or otherwise whatsoever on account of any profit or advantage which he might have derived from the execution of the work fully but which he did not derive in consequences of the foreclosure of the whole or part of the work. Provided that the


and offices


contactor shall be paid the charges on the cartage only of materials actually and bona fide brought to the site of the work by the contactor and rendered surplus as a result of the abandonment, curtailment of the work or any position thereof & taken back by the contactor, provided however that the Architect/Consultant/SBIIMS shall have in such cases the opinion of taking over all or any such material at their purchase price or at local current rate whichever is less. “In case of such stores having been issued form SBI stores and returned by the contactor to stores, credits shall be given to him at the less rate not exceeding those at which were originally issued to the contactor after taking into consideration and deduction for claims on account of any deterioration or damage while in custody of the contactor and in this respect the decision of the Architect/Consultant shall befinal.

33.0 Suspension ofwork: 1) The contactor shall, on receipt of the order in writing of the

SBIIMS/Architect/Consultant (whose decision shall be final and binding on the contractor) suspend the progress of work or any part thereof for such time and in such manner as the SBIIMS/Architect/Consultant may consider necessary so as not to cause any damage or injury to the work already done or endanger the safety thereof for any of the followingreasons: a) On account any default on the part of the contractor,or b) For proper execution of the works or part thereof for reasons other than the

default the contactor or c) The contactor shall during such suspension, properly protect and secure the

works to the extent necessary and carry out the instructions given in that behalf by the Architect/Consultant

d) If the suspension is ordered for reasons (b) and (c) in sub-Para (i) above: The contactor shall be entitled to an extension of time equal to the period of every such suspension. No compensation whatsoever shall be paid on this account

34.0 Action when the whole security deposit isforfeited In any case in which under any clause or clauses of this contract, the contactor shall have rendered himself liable to pay compensation amounting to the whole of his security deposit the SBIIMS/Architect/Consultant shall have the power to adopt any of the following course as they may deem best suited to the interest of the SBI.

a) To rescind the contact (of which rescission notice in writing to the contactor by the Architect/Consultant shall be conclusive evidence) and in which case the security deposit of the contactor shall be forfeited and be absolutely at the disposal ofSBI/SBIIMS.

b) To employ labour paid by the SBI and to supply materials to carry out the work, or any part of the work, debiting the contactor with the cost of the labour and materials (the cost of such labour and materials as worked out by the Architect/Consultant shall be final and conclusive against the contractor.) and crediting him with the value of the work done, in all respects in the same manner and at the same rates as if it had been carried out by the contractor under the terms of this contract, the certificate of the Architect/Consultant as to the value of work done shall be final andconclusive

against the contractor. c) To measure up the work of the contractor, and to take such part thereof as shall be


and offices


unexecuted, out of his hands, and to give it to another contractor to complete in which case any expenses which may be incurred in excess of the sum which would have been paid to the original contractor, if the whole work had been executed by him (of the amount of which excess the certificates in writing of the Architect/ Consultant shall be final and conclusive) shall be borne by original contractor and may be deducted from any money due to him by the SBI under the contract or otherwise, or from his security deposit or the proceeds of sale thereof, or sufficient part thereof.

d) In the event of any of above courses being adopted by the SBI the contractor shall have no claim for compensation for any loss sustained by him by reasons of his having purchased or procured any material or entered into any engagements or make any advances on account of, or with a view to the execution of the work or the performance of the contract and in case the contract shall rescind under the provision aforesaid, the contractor shall not be entitled to recover or to be paid any sum or any work thereto for actually performed under this contract, unless, and until the Architect/Consultant will have certified in writing the performance of such work and the value payable in respect thereof, and he shall only be entitled to be paid the value so certified.

35.0 Owner’s right to terminate thecontract:

If the contractor being an individual or a firm commit any ‘Act of Insolvency’ or shall be adjusted an Insolvent or being an incorporated company shall have an order for compulsory winding up voluntarily or subject to the supervision of Govt. and of the Official Assignee of the liquidator in such acts of insolvency or winding up shall be unable within seven days after notice to him to do so, to show to the reasonable satisfaction of the Architect/Consultant that he is able to carry out and fulfill the contract and to give security therefore if so required by the Architect/Consultant. Or if the contractor (whether an individual firm or incorporated company) shall suffer execution to be issued or shall suffer any payment under this contract to be attached by or on behalf of any of the creditors of the contractor. Or shall assign or sublet this contract without the consent in writing of the SBI through the Architect/Consultant or shall charge or encumber this contract or any payment due to which may become due to the contractor there under:

a) Has abandoned the contract; or Has failed to commence the works, or has without any lawful excuse under these conditions suspended the progress of the works for 14 days after receiving from theSBI

b) through the Architect/Consultant written notice to proceed,or Has failed to proceed with the works with such diligence and failed to make such due

progress as would enable the works to be completed within the time agreed upon, or has failed to remove the materials from the site or to pull down and replace work within seven days after written notice from the SBI through the SBIIMS/Consultant that the said materials were condemned and rejected by the SBIIMS/Consultant under these conditions; or has neglected or failed persistently to observe and perform all or any of the acts, matters or things by this contract to be observed and performed by the contractor for seven days after written notice shall have been given to the contractor to observe or perform the same or has to the detriment of good workmanship or in defiance to the SBI’s or the SBIIMS/Consultant’s instructionstothe contrary subject any part of the contract. Then and in any of said cases the SBI and or the SBIIMS/Consultant, may not withstanding any previous waiver, after giving seven


and offices


days notice in writing to the contractor, determine the contract, but without thereby affecting the power the SBI or the SBIIMS/Consultant or the obligation and liabilities of the contractor the whole of which shall continue in force as fully as if the contract had not been so determined and as if the works subsequently had been executed by or on behalf of the contractor. And further the SBI through the SBIIMS/Consultant their agents or employees may enter upon and take possession of the work and all plants, tools, scaffoldings, materials, sheds, machineries lying upon the premises or on the adjoining lands or roads use the same by means of their own employees or workmen in carrying on and completing the work or by engaging any other contractors or persons to complete the work and the contractor shall not in any was interrupt or do any act, matter or thing to prevent or hinder such other contractor or other persons employed for completing and finishing or using the materials and plant for the works. When the works shall be completed as soon thereafter as convenient the SBI or the SBIIMS/Consultant shall give a notice in writing to the contractor to remove his surplus materials and plants and should the contractor fail to do so within 14 days after receipt thereof by him the SBI sell the same by public auction after due publication, and shall adjust the amount released by such auction. The contractor shall have no right to question any of the acts of the SBI incidental to the sale of the materials etc

36.0 Certificate ofpayment:

The contractor shall be entitled for payments under the certificates to be issued by the SBIIMS/Consultant to the contractor, within 15 working days from the date of receipt of certificate to the payment from SBI from time to time. The SBI shall recover the statutory recoveries other dues including the retention amount from the certificates of paymentsProvided always that the issue of any certificate by the SBIIMS/Consultant during the progress of works or completion shall not have effect as certificate of satisfaction or relieve the contractor from his liability under clause. The SBIIMS/Consultant shall have power to withhold the certificate if the work or any part thereof is not carried out to their satisfaction. The SBIIMS/Consultant may by any certificate, make any corrections required in previous certificate. The SBI shall modify the certificate of payments as issued by the SBIIMS/Consultant from time to time while making the payment. The contractor shall submit interim bills only after taking actual measurements and properly recorded in the Measurement books. The contractor shall not submit interim bills when the approximate value of work done by him is less than as mentioned in NIT and the minimum interval between two such bills shall be as mentioned in NIT. The final bill may be submitted by the contractor within a period of one month from the date of virtual completion and the SBIIMS / Consultant shall issue the certificate of payment within a period of onemonths from the date of submission of bill to SBIIMS. The SBI shall pay the amount within a period of onemonths from the date of issue of certificate provided there is no dispute in respect of rates and quantities etc.

37.0 SETTLEMENT OF DISPUTES ANDARBITRATION:

Except where otherwise provided in the contract all questions and disputes relating to the meaning of the specifications, design, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to


and offices


any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the contract, designs, drawings, specifications, estimates, instruction, orders or these conditions or otherwise concerning the work or the execution or failure to the same whether arising during the progress of the work or after the cancellation, termination, completion or abandonment thereof shall be dealt with as mentioned hereinafter. The contractor shall be deemed to have waived and extinguished all his rights in respect of any claim not notified To AGM , in writing in the manner and within the time Aforesaid.AGM shall give his decision in writing on the claims notified by the contractor. The contractor may within 30 days of the receipt of the decision of the AGM submit his claims to the conciliating authority namely the Circle Development Officer,SBI, Local Head Office, Hyderabadfor conciliation along with all detail and copies of correspondence exchanged between him and theAGM. i) If the conciliation proceedings are terminated without settlement of the disputes, the contractor shall, within a period of 30 days of termination thereof shall give a notice to the Chief General Manager, State Bank of India, LHO, Hyderabad for appointment of an arbitrator to adjudicate the notified claims failing which the claims of the contractor shall be deemed to have been considered absolutely barred and waived. ii) Except where the decision has become final, binding and conclusive in terms of the contract, all disputes or differences arising out of the notified claims of the contractor as aforesaid and all claims of the Bank shall be referred for adjudication through arbitration by the Sole Arbitrator appointed by the Chief General Manager. It will also be no objection to any such appointment that the Arbitrator so appointed is a Bank Officer and that he had to deal with the matters to which the contract relates in the course of his duties as Bank Officer. If the arbitrator so appointed is unable or unwilling to act or resigns his appointment or vacates his office due to any reason whatsoever another sole arbitrator shall be appointed in the manner aforesaid by the said AGM Such person shall be entitled to proceed with the reference from the stage at which it was left by his predecessor. It is a term of this contract that the party invoking arbitration shall give a list of disputes with amounts claimed in respect of each dispute along with the notice for appointment ofarbitrator. It is also a term of this contract that no person other than a person appointed by such Chief General Manager as aforesaid should act as arbitrator. The conciliation and arbitration shall be conducted in accordance with the provisions of the Arbitration & Conciliation Act 1996 or any statutory modification or reenactment thereof and the rules made there under.It is also a term of this contract that if any fees are payable to the arbitrator, these shall be paid equally by both the parties. However, no fees will be payable to the arbitrator if he is a Bank Officer.It is also a term of this contract that the arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties calling them to submit their statement of claims and counter statement of claims. The venue of the arbitration shall be such place as may be fixed by the arbitrator in his sole discretion. The fees, if any, of the arbitrator shall, if required to be paid before the award is made and published, be paid half and half by each of parties. The cost of the reference and of the award (including the fees, if any, of the arbitrator)shallbeinthediscretionofthearbitratorwhomaydirecttoanybywhomand in what manner, such costs or any part thereof, shall be paid and fix or settle the amount of costs to be so paid.


and offices


38.0 Power Supply: The contractor the contractor shall make his own arrangement for power and supply/ distribution system for driving plant or machinery for the work and for lighting purpose at his own cost. The cost of running and maintenance of the plants are to include in his tender prices. He shall pay all fees and charges required for the power supply and include the same in his tendered rates and hold the owner free from all such costs. He has to obtain necessary approvals from the appropriate authorities, if required.

39.0 Treasure trove etc.: Any treasure trove, coin or object antique, which may be found on the site, shall be the property of the SBI and shall be handed over to the bank immediately.

40.0 Method of measurements: Unless otherwise mentioned in the schedule of quantities or in mode of measurement or elsewhere in these documents the measurement will be on the net quantities or work produced in accordance with up to date as per rules laid down by the Bureau of Indian Standards. In the event any dispute/disagreement the decision of the SBIIMS/Consultant shall be final and binding on thecontractor.

41.0 Maintenance of registers: The contractor shall maintain the registers as per the approved Performa at site of work and should produce the same for inspection of the SBI/ SBIISM/Consultant whenever desired by them. The contractor shall also maintain the records/ registers as required by the local authorities/ Govt. from time to time.

42.0 Force Majeure: 42.1 Neither contractor nor SBI shall be considered in default in performance of their obligations if such performance is prevented or delayed by events such as but not to war, hostilities revolution, riots, civil commotion, strikes, lockout, conflagrations, epidemics, accidents, fire, storm, floods, droughts, earthquakes or ordinances or any act of god or for any other cause beyond the reasonable control of the party affected or prevented or delayed. However a notice is required to be given within 30 days from the happening of the event with complete details to the other party to the contract, if it is not possible to serve a notice, within the shortest possible period withoutdelay. 42.2 As soon as the clause of force majeure has been removed the party whose ability to perform its obligations has been affected, shall notify the other of such cessation and the actual delay incurred in such affected activity adducing necessary evidence in support thereof. 42.3 From the date of occurrence of a case of force majeure obligations of the party affected shall be suspended during the continuance of any inability so caused. With the cause it and inability resulting there from having been removed, the agreed time of completion of the respective obligations under this agreement shall stand extended by a period equalto the period of delay occasioned by such events.


and offices


42.4 Should one or both parties be prevented from fulfilling the contractual obligations by a

state of forcemajor lasting to a period of 6 months or more the two parties shall each other to decide regarding the future execution of this agreement

43.0 Local laws, Acts,Regulations:

The contractor shall strictly adhere to all prevailing Labour laws inclusive of contract Labour (regulation and abolition act of 1970) and other safety regulation. The contractor shall comply with the provision of all Labour legislation including the latest requirements of all the Acts, Laws, and any other regulations that are applicable to the execution of the project. i) Minimum Wages Act 1948(Amended) ii) Payment of Wages Act 1936(Amended) iii) Workmen’s Compensation Act 1923(Amended) iv) Contract Labour regulation and abolition act 1970 and central rules 1971

(amended) v) Apprentice act 1961 (amended) vi) Industrial employment (standing order) Act 1946(amended) vii) Personal injuries (compensation insurance) act 1963 and any othermodifications viii) Employees’ provident fund and miscellaneous provisions Act 1952 and

amendment thereof ix) Shop and establishment Act x) Any other act or enactment relating thereto and rules framed there under from time

to time.

44.0 Accidents:

The contractor shall immediately on occurrence of any accident at or about the site or in connection with in execution of the work report such accident to the SBIIMS/ Consultant. The contractor shall also such report immediately to the competent authority wherever such report is required to be lodged by the law and take appropriate actionsthereof

General Safety Codes:

SAFETY CODES

1. First aid appliances including adequate supply of sterilized dressing and cotton wool shall be kept in a readily accessibleplace.

2. An injured shall be taken to a Public Hospital without loss of time, in cases where the injury necessitateshospitalization.

3. Suitable and strong scaffolds should be provided for workman for all works that cannot safely be done from theground.

4. No portable single ladder shall be over 8meters in length. The width between the side rails shall not be less than 30cms. Clear. And the distance between two adjacent rungs shall not be more than 30cms. When a ladder is used an extra


and offices


majdoor shall be engaged for holdingladder. 5. The excavated material shall not be placed within 1.5meters of the edge of the

trench or half of the depth of trenches whichever is more. All trenches and excavation shall be provided with necessary fencing andlighting.

6. Every opening in the floor of a building or in a working platform is provided with suitable means to prevent the fall of persons or materials by providing suitable fencing or railing whose minimum height shall be onemeter.

7. Nofloor,rooforotherpartofthestructureshallbesooverloadedwithdebrisor

materials as to render it unsafe. 8. Workers employed on mixing & handling material such as asphalt, cement mortar

or concrete & lime mortar shall be provided with protective footwear & rubber hand-gloves.

9. Those engaged in welding work shall be provided with welder’s protective eye- shields and gloves.

10. (i) No paint containing lead or lead products shall be used except in the form of paste and readymadepaint. (ii) Suitable facemasks should be supplied for use by the workers when the paint applied in the form of spray or surface having lead paint dry rubbed and scrapped.

11. Overalls shall be supplied by the contractor to the painters and the adequate facilities shall be provided to enable the working painters to wash during the periods of cessation ofworks.

12. Hoisting machine and tackle used in the works, including their attachments, anchors and supports shall be in perfectcondition.

13. The ropes used in hoisting or lowering material or as a means of suspension shall be of durable quality and adequate strength free fromdefect.

SCAFFOLDS( Scope of bidder only)

i) Suitable double type steel H frame scaffolds or suitable alternative arrangements shall be provided for workmen for all works that cannot be done safety from the ground, or from solid construction except in the case of short duration work which can be done safety from ladders. When a ladder is used, it shall be of rigid construction made either of good quality wood or steel. The steps shall have a minimum width of 450 mm and a maximum rise of 300mm. Suitable hand holds of good quality wood or steel shall be provided and the ladder shall be given an inclination not steeper than ¼ to 1(1/4 horizontal and 1 vertical).

ii) Scaffolding or staging more than 4 m above the ground floor, swung or suspended from an overhead support or erected with a stationary support shall have a guard rail properly bolted, braced or otherwise secured, at least 1 m above the floor or platform of such scaffolding or staging and extending along the entire length of the outside and ends thereof with only such openings as may be necessary for the delivery of materials. Such scaffolding or staging shall be so fastened so as to prevent it from swaying from the building orstructure.

iii) Moving or Suspended type scaffolding specifications: Instead of Double type H frame steel scaffolding, if any Contractor desires to use suspended type of scaffolding or any other type of arrangement, they may do so but it should be supported by the full


and offices


specifications, methodology and other relevant details in order to study and approve the same by the Consultant. No such arrangement of scaffolding will be altered unless the same is approved by the Consultant/ Bank.

iv) Working platforms, gangways and stairways shall be so constructed that they do not sag unduly or unequally and if the height of the platform, gangway or stairway is more than 4 m above ground level or floor level, they shall be closely boarded and shall have adequate width and be suitably fenced as described in (ii)above.Every opening in the floor of a building or in a working platform shall be provided with suitable means to prevent the fall of persons or materials by providing suitable fencing or railing whose minimum height shall be1m. Wherever there are open excavations in ground, they shall be fenced off by suitable railing and danger signals installed at night so as prevent persons slipping into the excavations.

VI) Safemeans of access shall be provided to all working places. Every ladder shall be

securely fixed. No portable single ladder shall be over 9m in length while the width between side rails in rung ladder shall in no case, be less than 290mm or for ladder up to and including 3m in length. For longer ladders the width shall be increases at least 20mm for each additional meter of length.

ADDITIONAL CONDITIONS

Notwithstanding anything contained herein above the following ADDITIONAL CONDITIONS shall be applicable for this contract /work.

1. GOODS & SERVICE TAX & PRICE VARIATION ADJUSTMENT(PVA):

Goods & Service Tax will be paid Extra, as per actual applicable to workscontract.

Rates Quoted by the bidder shall be inclusive of all cost towards men, labour, supervision, materials, transportation, tools, equipment, water, electricity, taxes, insurances, arrangements, temporary works, over heads, collection & carting away & final disposal of rubbish & debris, regular cleaning of site except GST. GST shall be paid as per bank norms. The rates quoted by the bidder shall remain firm throughout the contract / construction period. PVA & PVA Clause mentioned elsewhere in these documents shall not be admissible &applicable.

2. RATES:

It may be noted that it is an item rate contract. Rates accepted by the bank shall be for all levels/height and lead unless otherwise specified in the schedule of quantities and shall be inclusive of all man, labour, supervision, materials, tools, equipment, water, electricity, taxes, insurances, arrangements, temporary works, over heads, collection & carting away & final disposal of rubbish & debris, regular cleaning of site etc. required to complete the works in all respect to the satisfaction of the SBIIMSs / Bank and nothing additional or extra shall be paid on these accounts and / or on account of


and offices


variation in rates / taxes and / or imposition of new tax / levy during currency of contract / work, except for the items, taxes, works etc. for which there is a specific mention for additional payment in these tender documents. The rates shall remain firm throughout the contract period. PVA shall not beadmissible.

3. ADHOCPAYMENT:

As per NIT

4. SITE ENGINEERS / SUPERVISORS BY CONTRACTOR: The contractor shall post at least one full time site engineer / site supervisor at site. 5. INSURANCE:

The contractor shall be required to take insurance policy under workman compensation acts compulsorily. For rest of the policies relating to insurance, it will be the discretion of the contractor whether to take or not. However the contractor shall keep the Bank/SBIIMS indemnify from all the claims arising out of damage to person & property and the SBI shall have right to recover the cost of such damages /claim from any amount due to the contractor. If the claim amount exceeds the amount due to be paid to the contractor, the contractor shall immediately pay such excess amount to the Bank. Decision of the Bank regarding determination of the amount of claim/damage shall be final & binding to thecontractor. 6.0 COMPREHENSIVE ANNUAL MAINTENANCE CONTRACT: AS specified in Technical bid

7.0 SCOPE OF CONTRACT: -

The contractor shall carry out regular servicing of the Air conditioners specified in the annexure, once in 3 months regularly and the first of the said service shall be carried out at the time of commencement of the contract and subsequent servicing shall be carried out on or before expiry of three months respectively.The service report and log sheet of maintenance has to be submitted to the bank duly signed and certified from any of the SBI officers of above mentioned premises.

7.2 The contractor shall attend to the complaints of defects or breakdown in respect of the Air conditioners specified in annexure during the period of this service contract.

7.3 The contractor shall attend to the services and complaints during working hours in all working days.

7.4 The contractor shall also replace or repair free of charge components and spares (compressor, fan motors, P.C.B, magnetic switch, transformer, other electrical parts of AC unit, etc) which may become necessary as a result of wear or tear during the period of this contract.


and offices


7.5 The bank shall not allow any unauthorized person to tamper with the appliances even for minor repairs during the period of the contract. 7.6 The contractor and / or their men shall be liable for any loss or damage caused to the equipment’s appliances and / or any other property of the bank arising out of their negligence and carelessness and the contractor shall pay damages thereon.


and offices


APPENDIX TO CONDITIONS OF CONTRACT Sl

NO

Description Remarks

1. Name of the project Supply, Installation, Testing and

Commissioning of Various types of UPS systems

2. Estimated cost As specified in the tender

3. Earnest Money Deposit As specified in the tender

4. Tender Cost As specified in the tender

5. Initial Security Deposit 2% of the contract value less EMD

6. Date of commencement of

work

Within seven days from the date of issue of

the work order

7. Period of completion 30 days

8. Payments Terms i. No advance is payable. ii. On successful commissioning with

satisfactory test reports at site 95% of cost will be paid within 30 days.

iii. The balance of 5% (Including ISD)of cost will be treated as Retention money deposit (SD)which will be released after the defect liability period of 2year from the date of successful commissioning.

iv. Retention money will be released on producing a Bank guarantee for an equalsum valid until the expiry of the defect liability period.

9. Retention percentage to be deducted from RA bills

8% of the gross value of bill

10. Total retention money including earnest money and initial securitydeposit

5% of the contract value

11. Defect liability period 24 months from date of completion

12. Liquidated Damages ½ % on tendered amount per week subject to maximum of 5% of contract value.

13. Period of honouring interim certificate for payment

15 Days from date of certificate of payment for interim bill and 45 days for final certificate

14. Period of honouring final

certificate for payment

30 Days